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3071-The political economy of new slavery

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3<br />

Trafficking and International Law<br />

David Ould<br />

Human rights must be at the core <strong>of</strong> any credible anti-trafficking<br />

strategy and...we must work from the perspective <strong>of</strong> those who most<br />

need their human rights protected and promoted...By placing<br />

human rights at the centre <strong>of</strong> our analysis, we are forced to consider<br />

the needs <strong>of</strong> the trafficked person.<br />

Mary Robinson 1<br />

Introduction<br />

Trafficking in persons has increasingly caught the world’s attention over<br />

the past few years as a significant and growing human rights problem.<br />

Yet, it has proved particularly difficult to develop the necessary international<br />

legal standards and definitions to draw generally accepted<br />

distinctions between trafficking, smuggling and migration, and the<br />

accompanying coercive and voluntary elements <strong>of</strong> these. <strong>The</strong> increasing<br />

concern about levels <strong>of</strong> migration, both legal and illegal, in the rich<br />

world has made this distinction more important, but also more difficult<br />

to agree upon. Globally a market for irregular migration services has<br />

emerged, in which the mechanisms and forms <strong>of</strong> organization are<br />

still relatively unknown. As irregular migrants using these services are<br />

exposed both to unscrupulous service providers and to the immigration<br />

and policing authorities, the line between exploitation <strong>of</strong> migrant<br />

workers, and trafficking, is increasingly blurred, and the need for strong<br />

human rights protection becomes more acute.<br />

Labour migration has been increasing strongly over the past 20 years<br />

and most forecasters expect this to increase rather than decrease,<br />

notwithstanding the restrictions and difficulties <strong>of</strong> securing travelling<br />

papers and jobs and the efforts to curb or manage such movements.<br />

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